Big Ideas One land, two laws, it’s black and white — with Aboriginal and Torres Strait islander Social Justice Commissioner Katie Kiss
Jul 22, 2025
Katie Kiss, a proud Kanju Biriwiti woman and Australia's National Aboriginal and Torres Strait Islander Social Justice Commissioner, joins Gail Mabo, daughter of the legendary Eddie Mabo. They discuss the legacy of the Mabo case, emphasizing the need for genuine recognition of Indigenous rights. The conversation dives into the systemic challenges faced by Indigenous communities, including calls for self-determination and truth-telling. They reflect on the impact of international human rights standards and advocate for stronger legal protections for Indigenous peoples in Australia.
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Coexistence of Two Legal Systems
- Two radically different legal systems coexist on the same land in Australia: Aboriginal and Torres Strait Islander traditional law and the Western legal system.
- Recognizing and respecting Indigenous rights is fundamental for peaceful coexistence and mutual respect.
Mabo Decision's Legal Impact
- The Mabo decision recognized that First Peoples had existing native title rights based on their traditional laws.
- It invalidated the legal fiction of terra nullius and accepted Indigenous law as an additional source in Australia.
Ongoing Struggle for Indigenous Rights
- Despite progress in Indigenous rights advocacy, governments have often retreated from meaningful reforms and self-determination.
- Indigenous peoples remain rights holders but are often treated as lobbyists or protesters instead.